Sorry How Is 3 Years Too Harsh For This?

[ToraToraTora]

http://www.bbc.co.uk/news/uk-scotland-glasgow-west-25847291
lowlife incompetant driver kills innocent so lets knock a third off. On what planet do out judges live?

[hc4361]

He was jailed for 6 years and on appeal it was reduced to 4 years. Where does the 3 years come in to it?

[ToraToraTora]

the sentence they are given is always halved.

[VHG]

Well because this guy was not wearing his glasses he knocked over a person and killed them an a zebra crossing, and got 140 hours community service.

So on that basis 4 years seems harsh !

http://www.dailymail.co.uk/news/article-2535897/Short-sighted-driver-killed-dog-walker-pedestrian-crossing-wasnt-wearing-glasses-gets-just-140-hours-COMMUNITY-SERVICE.html

[dannyk13]

Tora. Not all sentences are halved.Only those under 12 months.

[Butterbun]

It's the victims families I feel sorry for. They must feel there is no justice to be had.

[ToraToraTora]

come on every sentance is halved, get 8 out in 4.

VHG you want me banned because i complained bout your irrelevancies! right oh!

[hc4361]

We shall have to wait for the reasons for the sentence reduction.
"Lord Bracadale, who heard the sentence appeal with Lord Kingarth at the Court of Criminal Appeal in Edinburgh, said they would give full reasons for their decision to reduce the prison term at a later date."

Why do you call the driver a 'lowlife'? He had no previous convictions for driving or anything else and was in full-time employment.

[dannyk13]

Tora. In law only sentences under 1 year are automatically halved.

[hc4361]

Danny, everyone who serves a determined prison sentence (for a given number of years) serves half the time in prison and half on licence.
If the sentence is for 12 months or less the second half is not on licence.

Sometimes the judge may state a minimum time that must be served in prison, for example sentenced to 6 years and must serve a minimum of 4 years in prison.

https://www.gov.uk/types-of-prison-sentence/determinate-prison-sentences-fixed-length-of-time

[dannyk13]

Thank you for the explanation HC.

[ToraToraTora]

HC:presumably you haven't read the actual news story:
"described as a boy racer"

"Paul Stewart, 22, overtook a car on a blind bend on the B743 Prestwick to Strathaven road on 11 February 2012." - QED.

[hc4361]

I did indeed read the full story and the appeal judges said that the original judge should not have used the phrase 'boy racer' as there was no evidence the driver was speeding.

He tried to overtake on a blind bend but managed to pull back in behind the bus. He then lost control of the vehicle.

He had bought the car 4 days earlier. The car was legal inasmuch as it was insured, taxed and had an MOT. It was found to have defective breaks and a faulty shock absorber which could have contributed to the accident, the defence claimed but the original judge disregarded this.

As I said earlier, we'll have to wait for the report giving the appeal judge's reasons.

[ToraToraTora]

he tried to overtake on a blind bend, F_F_S. The fact that he cosidered it a viable move is what is significant, not that he ran out of talent whilst trying to abort the move.

[youngmafbog]

Pending the full report, on the face of it it seems lives have little value in this country, especially if upholding the right-on law.

[hc4361]

You still haven't said why you describe him as a lowlife, TTT.

A dreadful driver, yes.

[sir.prize]

I doubt that Robert McPike's grieving family would consider 3 years too harsh.

[hc4361]

Read these sentencing guidelines.
http://news.bbc.co.uk/1/hi/england/somerset/4392092.stm

From the limited information we have from the various news reports then the driver is culpable of level 3 which has a sentencing guideline of 3 years custody with a range of 2 to 5 years.
There were no aggravating factors but there may have been mitigating factors as he was injured himself and he may have had limited driving experience.

I'll be interested to read the full report.

[hc4361]

sir.prize, life imprisonment would bring no comfort to the grieving family.